SIDDHARTHA CHATTOPADHYAY,J. - (1.) The Court : Sufficient grounds have been made out as to why the appellant was not represented on January 5, 2017, when the appeal and the connected application under Section 5 of the Limitation Act, 1963 were dismissed for default. The order dated January 5, 2017 is recalled and GA No.3754 of 2016 and APO No.348 of 2016 are restored to the file.
(2.) The restoration application, GA No.397 of 2017, is allowed as above, but without any order as to costs.
(3.) In view of the good grounds shown in the application under Section 5 of the Act of 1963, the marginal delay in preferring the appeal is condoned and the appeal is taken up on merits.;